U.S. Supreme Court’s Melendez-Diaz holding does not require a change from prior Court of Appeals opinions that Dept. of Toxicology breathalyzer test certificate is not “testimonial” and hence is admissible without testimony from the tester.

Where drunk driver injured plaintiff-pedestrian while driver was speaking on her cell phone with defendant (who was following driver in another car), trial court erred in dismissing plaintiff’s complaint alleging that defendant gratuitously undertook a duty to protect plaintiff from the driver and that defendant was acting in concert with the driver.

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Case Clips are selected decisions of the Indiana appellate courts abstracted for judges by the Indiana Judicial Center. The full text of Indiana opinions may be retrieved from the Indiana Judicial System website at courts.IN.gov/opinions.

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The Judicial Center is the staff agency for the Judicial Conference of Indiana and serves Indiana judges and court personnel by providing educational programs, publications, and research assistance.